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Whether the bar to proceed with the trial of the subsequently instituted suit, contained in section 10 of the Code of Civil Procedure, 1908 is applicable to the summary suit filed under Order 37 of the Code?


The Supreme Court’s opinion, the Division Bench of the Bombay High Court was in error in taking a different view. It had relied upon the decision of this Court in Harish Chandra v. Triloki Singh (AIR 1957 SC 444).

That was a case arising under the Representation of People’s Act and, therefore, it was not proper to apply the interpretation of the word ‘trial’ in that case while interpreting section 10 in the context of Order 37 of the Code.

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